Maharashtra Right to Information MRTI Act, 2002

1
Maharashtra Right to Information(MRTI) Act,
2002

• was notified on
• August 11, 2003
• with retrospective effect from
  September 23, 2002 to save actions initiated
  under the erstwhile short-lived Maharashtra Right
  to Information Ordinance, 2002

2
The use has been encouraging

• There have been hiccups
• Information hasnt been easily forthcoming
• Yet, MRTI has been used by a large number of
  citizens in just one year

3
Are we in Maharashtra alone to have this
privilege?

• Nine states, including JK and Assam already have
  their Acts on RTI
• Central Government will enforce one soon
• More than 50 countries have enacted by now.

4
Are we the pioneers in India?

• Tamilnadu
• Goa
• Delhi
• Rajasthan enacted their laws on right to
  information before we did

5
Yet, Maharashtra stands out

• Maharashtras Act has been used widely by all
  sections of the society in all regions
  
  
• Thanks to
• Shri Anna Hazares anchorage and
• civil societys initiatives

6
But there hasnt been free flow of information

• It will take some time for the conditioned
  mindset of the bureaucracy to change
• Let us keep trying

7
How do I ensure, I am the lucky one to get the
information?

• Strictly follow the provisions of the Act
• Be precise in your query

8
Can you elaborate?

• Demand information in the prescribed format
• Do not be vague in your requisition
• Do not ask voluminous information

9
Where do I get a copy of the Act and the Rules?

• Check with the Government Book Depot
• Download from the web site http//geocities.com/ma
  hadhikar

10
Whom can the information be demanded from?

• Offices of the
• Government,
• Public Bodies like corporations, boards,
  authorities,
• Registered cooperative societies, public trusts
  and some private bodies Sec 2(6)

11

• Section 2 (6)
• " public authority " means any authority or body
  established or constituted by any Central or
  State law and includes any other body owned and
  controlled by the State or which receives any aid
  directly or indirectly by the Government and
  shall include the bodies whose composition and
  administration are predominantly controlled by
  the Government or the functions of such body are
  of public nature or interest or on which office
  bearers are appointed by the Government.
• Explanation - For the purposes of this clause the
  expression "aid" shall include Government aid in
  the form of Government land at concessional rates
  or any other monetary concessions like exemption
  from tax, etc., by Government as specified by
  Government, from time to time

12
Which information can be demanded?

• You can demand information like...
• Copy of a document, including a copy of a
  contract awarded
• Compilation of information from various documents
• Status of a matter

13
Which information can be demanded?

• For example,
• You can ask for the status of your case pending
  with an office
• You can also demand to know the name and
  designation of the officer responsible for delay
  and what action is initiated against him/her

14
Which information can be demanded?

• Remember that an officer holds a public office
  and functions
  under a law framed by your elected
  representatives
• you have a fundamental right to know what action
  the official has taken on your behalf

15
Which information can be demanded?

• For example, you can demand a copy of a building
  permission granted to any third party by the
  civic body
• This has been affirmed by the Hon Lokayukta, in
  his rulings given in the additional capacity as
  the second appellate authority under this Act

16
Which information can be demanded?

• The Supreme Court has upheld your right to demand
  information from the government and public bodies
  as your fundamental right
• You can demand any information, subject, of
  course, to some exclusions

17
Then, which information cannot be demanded?

• Broadly speaking,
• that affecting the Nations sovereignty,
  integrity, security
• which has been forbidden to be published by any
  court of law or tribunal
• Information held in commercial confidence, trade
  secrets or intellectual property

18
Then, which information cannot be demanded?

• confidential report of in the service record
• information, disclosure of which would endanger
  the life or physical safety of any person or
  identify the source of information or assistance
  given in confidence for law enforcement or
  security purposes (protecting a whistle blower)
• information that would impede the process of
  investigation

19
Then, which information cannot be demanded?

• information which relates to personal information
  the disclosure of which has no relationship to
  any public activity or interest, or which would
  cause unwarranted invasion of the privacy of the
  individual unless the Competent Authority is
  satisfied that the larger public interest
  justifies the disclosure of such information

20
Please note that ...

• The last provision information which relates
  to personal informationetc is being
  misinterpreted by the bureaucracy in denying
  information
• The Hon Lokayukta has ruled that a
  permission/exemption etc granted by an official
  under a statute in force is not personal
  information. You can demand a copy of any such
  document

21
Please note that ...

• The exclusion that service record of a person
  cannot be disclosed, means that only confidential
  report (CR) cannot be disclosed. You can of
  course demand compilation of an officers
  transfers during a certain period, or information
  on inquiries/prosecutions against him/her under
  the law of the land

22
You may also be denied information

• if it is voluminous
  involves disproportionate diversion of the
  resources of a public authority
• Do not, therefore, ask for bulk information.
  Preferably confine to a specific issue and a
  limited period.

23
How to requisition information

• Apply on a plain paper in a prescribed format
• Format given in the Rules (Annexture A)
• Affix adhesive court fee stamp of Rs 10
• Post the application or submit in person

24
Application format

• To
• The Public Information Officer,
• (Name of the office with address)
• (1) Full name of the applicant
• (2) Address
  
• (more on next slide)

25
Application format (cont)

• (3) Particulars of information required, -
• (i) Subject matter of information
• (ii) The period to which the information relates
• (iii) Description of the information required
• (more on next slide)

26
Application format (cont)

• (iv) Whether information is required by post or
  in person
• (The actual postal charges shall be included in
  additional fees)
• (v) In case by post (Ordinary, Registered or
  Speed)
• (vi) Purpose for which the information is
  required

27
Please remember that

• The purpose cannot be legally asked for. It is,
  after all, your fundamental right
• Say that you are exercising your fundamental
  right in demanding the information

28
What if the PIO has not been designated?

• This is a common malady even after one year of
  enactment
• Address the application to The PIO and give
  his office address
• Put the application in a cover and address the
  cover to the head of the administrative unit

29
What if the PIO has not been designated?

• This will ensure that your cover is received by
  the head of the establishment and the application
  is forwarded to the PIO
• If the head of the establishment says that a PIO
  has not been designated in the office, he/she is
  guilty of having violated the Act

30
What if the PIO has not been designated?

• Send a complaint to the
• Chairman, Divisional Monitoring Council of the
  Maharashtra Right to Information (MRTI) Act
• in the office of
  the Divisional Commissioner

31
What if the PIO has not been designated?

• You may also send a copy to
• the Secretary,
• State Monitoring Council on Maharashtra Right to
  Information Act
• General Administration Department
• Mantralaya
• Mumbai 400 032

32
What if the PIO has not been designated?

• Also inform any member of the divisional/state
  monitoring council
• and/or
• a Right to Information activist you
  may be aware of

33
What next after the requisition has been
submitted?

• In 15 working days from the receipt
• The Public Information Officer has to either
  furnish the information or write back denying you
  the information
• The PIO may in suitable cases within these 15
  working days, seek an extension of additional 15
  working days and explain why is the extension
  being sought

34
What next after the requisition has been
submitted?

• Before furnishing you the information the PIO has
  to tell you the cost of information strictly as
  per the prescribed rules
• and the postal charges, if you have opted to
  receive the information by post

35
What next after the requisition has been
submitted?

• Once you have remitted the amount by money order
  or deposited it in
  cash with the PIO, the latter will pass
  on the desired documents to you

36
What is the prescribed cost?

• When the concerned department has already fixed
  the price of some documents, map, etc. the price
  so fixedPostage charges (unless collected
  personally).
• When the information is readily available either
  by xeroxing, copying or by other way (copy) 0.50
  Paisa per page Postage charges (unless
  collected personally).
• If the information is not readily available and
  needs to be collected Rs. 2 Per page Postage
  charges (unless collected personally).

37
A terse dismissal is no longer on

• While denying the information demanded
  
• the PIO has to quote the reason with the relevant
  section
• and give the name and address of the appellate
  authority with whom you can file your first appeal

38
Snap decision to protect your life and liberty

• Whenever and wherever the information applied
  for, involves the life and liberty of a person,
  such information has to be, subject to the
  exclusions, supplied within twenty-four hours of
  the receipt of the requisition

39
Which languages to use?

• Formats are in Marathi and English
• You may prefer any
• You will, however, get the information in the
  language and in the form in which it is
  maintained

40
What is the guarantee that the PIO will respond?

• Valid question.
• Many PIOs have not been responding or have
  been giving incomplete or misleading information

41
What is the guarantee that the PIO will respond?

• The Act provides that the PIO will be liable to
  pay a fine at a rate of Rs 250 for each days
  delay in furnishing the information
• or pay a fine up to Rs 2,000 and also face
  disciplinary action if the information given is
  incomplete, misleading or false

42
What is the guarantee that the PIO will respond?

• For this, you have to file an appeal with the
  officer designated as the Appellate Authority
  within 30 days
  of receiving incomplete or misleading information
  or within 30 days from the
  period during which the PIO was supposed to have
  given you the information

43
The process of appealing

• The prescribed format for filing an appeal is
  available in the Rules
• File the appeal in the format on a plain paper
• Affix an adhesive court fee stamp of Rs 20

44
The process of appealing

• The problem is,
• you may not know who is the appellate authority
  and the PIO may have failed to give you the
  details

45
The process of appealing

• Find out from the head of the establishment, who
  has been designated as the appellate authority
• Complain to the Divisional and State Monitoring
  Councils
• Alert any Right to Information activist you may
  be aware of

46
The process of appealing

• The appellate authority (AA) has to dispose off
  the appeal within 30 days
• It is mandatory for the AA to impose penalty on a
  defaulting PIO
• The period can be extended by additional 30 days
  in exceptional cases, but the AA has to inform
  you the reason with the first spell of 30 days

47
The process of appealing

• The experience, however, has been that most
  AAs have not been penalising defaulting PIOs
  not even disposing off appeals within the
  prescribed period

48
The process of appealing

• On July 6, 2004, the state Chief Secretary
  issued a stern warning to the appellate
  authorities that action would be taken against
  them if they do not dispose off the appeals
  within the stipulated time and penalise
  defaulting PIOs

49
The process of appealing

• If you feel aggrieved by the decision of the
  appellate authority, or if the AA
  does not decide your appeal within the period
  prescribed for disposal you can file a
  second appeal within 30 days with the Hon
  Lokayukta

50
The process of appealing

• The Hon Lokayukta has been prompt in deciding
  second appeals
• Please note that the Lokayukta functions here
  under the MRTI Act and therefore has the powers
  to direct mandatory compliance of his orders

51
The process of appealing

• The Secretary to the Government of Maharashtra in
  the General Administration Department, in-charge
  of MRTI, on June 22, 2004 directed
  all AAs and PIOs to strictly abide by the Hon
  Lokayuktas orders

52
Not a smooth ride

• Despite all these provisions, frankly, it may not
  be a smooth ride when you demand information
  under this act
• You may face many hurdles

53
Why not a smooth ride?

• Other laws empower the bureaucracy to watch your
  acts of commission and omission
• This one empowers you to watch the acts of
  commissions and omissions of the bureaucracy

54
Why not a smooth ride?

• Enforcement of this legislation is vested in the
  same bureaucracy whose acts are being watched and
  
• which has not used to respect transparency and
  accountability

55
Yet, it is not hopeless either

• Despite this, as stated at the outset, many
  citizens have been able to overcome hurdles and
  reach their goal

56
Yet. it is not hopeless either

• Thanks to the tireless efforts of Shri Anna
  Hazare and the support he is getting
  from the civil society things
  appear to be changing for the better

57
Yet, it is not hopeless either

• Yeshwantrao Chavan Academy of Development
  Administration (YASHADA) has been training and
  sensitising officers throughout the state

58
Yet, it is not hopeless either

• The mindset is gradually changing as a result of
  these efforts
• The bureaucracy is getting receptive

59
We must carry on

• Whatever the case, we must insist on
  transparency and accountability in public
  administration
• We must know if the bureaucracy itself has been
  abiding by the rule of law

60
We must carry on

• This will ensure good governance and curb
  corruption
• We owe this to the next generation

61
We shall carry on

• Wishing you all the best
• - Prakash Kardaley pmk1504_at_yahoo.co.in
• http//in.groups.yahoo.com/group/mahadhikar/